Rajesh Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39727 of 2017 Arising Out of PS.Case No. -2145 Year- 2016 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Rajesh Mahto, son of Lalchand Mahto, resident of Village Bemia Toal, Post Phulwaria, P. S. Sugauli, District East Champaran .... .... Petitioner/s

Versus

1. State of Bihar

2. Yoniya Devi, wife of Rajesh Mahto, daughter of Bhagan Mahto, resident of village Bemia Tola, Post Phulwaria, P.S. Sugauli, District East Champaran, at Present village- Laukaria, Madhuban Tola, P.O. + P.S. Yogiapatti, Dist-West Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anand Kishore Choudhary For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-08-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case N0. 2145-C of 2016, disclosing offences under Sections 498A, 323,504 of the Indian Penal Code. Petitioner is the husband of the complainant. It is evident from the materials on record that matrimonial discord between them is the root cause for registration of the First Information Report. No purpose will be served, if the petitioner is taken into custody. It is submitted that the petitioner shall present himself before the police as and when required and there is no chance that he will tamper with the evidence or influence the witnesses.

Considering the nature of accusation and submissions advanced on behalf of the petitioner, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in Complaint Case No. 2145-C of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/- U